Intentional Injury To The Behavior Of The Fetus Into Sin

The fetus, as the subject of a special sense, are getting more and more attention to protecttheir legitimate rights and interests. The behavior of intentionally injuring fetus is especiallyharmful to fetus, and in the current criminal law system, this dangerous behavior is difficult to beeffectively curbed and punished. According to the current status of legislation in our country,through using literature research, case analysis, comparative analysis, this article summarizes thedefinition and characteristics of the behavior of intentionally injuring fetus, analyzes currentmainstream theories on the characterization of the behavior of intentionally injuring fetus incriminal law and discusses the advantages and disadvantages among various theories. At thesame time, through researching the necessity and feasibility, the article innovatively puts forwardthe suggests on incriminating this behavior, and solves the problems related to law expression,crime constitution, sentencing standards, in order to make the behavior of intentionally injuringfetus can be effectively regulated in the criminal law. There are totally five parts in thisdissertation except the introduction, more than30,000words.The first part of this article mainly discusses the meaning, characteristics and forms of thebehavior of intentionally injuring fetus. First of all, analyze the different definitions of “fetal” indifferent fields, and then lead to the actual meaning of “fetus” in the legal domain; secondly,from two aspects of broad and narrow sense, classify current existent behaviors of intentionallyinjuring fetus and point out the true meaning of the behavior of intentionally injuring fetus;finally, analyze the characteristics of the behavior, including uncertainty, isolation, secrecy, andmake sure two kinds of manifestation including violence pattern and non violence pattern, whichlay the theoretical foundation for the expansion of the full text.The second part of this article mainly discusses current quarrels and problems aboutcharacterizing the behavior of intentionally injuring fetus. Aiming at the quarrels ofcharacterizing the behavior of intentionally injuring fetus, analyze from two aspects of judicialpractice and academic theory, study different court decisions in different cases, analyze theacademic views of “innocence”,“the crime of intentional injury”,“adding the crime ofintentional injury to fetus”. And then around the quarrels, point out the problems existing in thethree academic views.The third part of this article mainly discusses the necessity of the crime of intentional injuryto fetus. This part demonstrates the necessity from the fetal field, social field, the legal field,points out that only by the measure which incriminates the behavior of intentionally injuringfetus can effective protect the legitimate rights of fetus. The fourth part of this article mainly discusses the legislative proposals on the crime ofintentional injury to fetus. In this part, analyze the law expression, the crime constitution,sentencing standards, the identification of the crime and point put the problems which may existin the judicial practice.